Comments in Support of Procedures for Reestablishing a Formal Government-to-Government Relationship with the Native Hawaiian Community

WASHINGTON, DC, Sept. 23, 2016 | The National Congress of American Indians (NCAI) is pleased that the federal government has proposed procedures for reestablishing a government-to-government relationship between the United States and the Native Hawaiian community. NCAI has fully supported the Native Hawaiian people in their quest for self-determination and self-governance for many years. NCAI Resolutions PHX-03-004, PSP-99-042, MSP-00-032, and SPO-01-087 all support the sovereign rights of Native Hawaiians and recognize the need to develop a true government-to-government relationship with the Native Hawaiian community.

Native Hawaiians will now be afforded the basic self-governance rights afforded other major Indigenous peoples in the United States under federal law. Native Hawaiians have suffered through similar colonial policies and the dispossession of lands, resources and culture, and we expect the federal government will now demonstrate meaningful respect by engaging Native Hawaiians as a sovereign Indigenous nation.

As noted in the Advance Notice of Proposed Rulemaking, Congress has enacted more than 150 statutes expressly affecting Native Hawaiians, and it is these laws that define the scope of Federal programs and services for Native Hawaiians.

We urge the Department of the Interior to take action on this process that will support the self-determination and economic self-sufficiency of Native Hawaiian people. Like all of the nation’s indigenous peoples, Native Hawaiians lived on their homelands and governed their own affairs before the first contact with Europeans. Like all of the Indigenous peoples of the United States, Native Hawaiians deserve the right to determine their own future and maintain their culture, language, and identity. This is a purpose that all Americans can support, and we urge swift action by the Administration.

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About The National Congress of American Indians:Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit http://www.ncai.org.- - -

Interior Department Finalizes Pathway to Reestablish a Formal Government-to-Government Relationship with the Native Hawaiian CommunityOFFICE OF THE SECRETARY9/23/2016Date: September 23, 2016Contact: Interior_Press@ios.doi.gov

WASHINGTON — The U.S. Department of the Interior announced today a final rule to create a pathway for reestablishing a formal government-to-government relationship with the Native Hawaiian community. The final rule sets out an administrative procedure and criteria that the U.S. Secretary of the Interior would use if the Native Hawaiian community forms a unified government that then seeks a formal government-to-government relationship with the United States.

“This final rule provides the Native Hawaiian community with the opportunity to exercise self-determination by reestablishing a formal government-to-government relationship with the United States,” said U.S. Secretary of the Interior Sally Jewell. (pictured here in Hawaii)

“Throughout this two-year rulemaking process, thousands of voices from the Native Hawaiian community and the public testified passionately about the proposal. Today is a major step forward in the reconciliation process between Native Hawaiians and the United States that began over 20 years ago. We are proud to announce this final rule that respects and supports self-governance for Native Hawaiians, one of our nation’s largest indigenous communities.”

The final rule builds on more than 150 Federal statutes that Congress enacted over the last century to recognize and implement the special political and trust relationship between the United States and the Native Hawaiian community. It also considered and addressed extensive public comments during the rulemaking process, which included public meetings in Hawaii and the mainland United States. http://www.regulations.gov/document?D=DOI-2014-0002-0005

Native Hawaiians have not had a formal unified government since the overthrow of the Kingdom of Hawaii in 1893. In 1993, Congress enacted the Apology Resolution which offered an apology to Native Hawaiians on behalf of the United States for its role in the overthrow and committed the Federal government to a process of reconciliation. As part of that reconciliation process, in 2000 the Department of the Interior and the Department of Justice jointly issued a report identifying as its lead recommendation the need to foster self-determination for Native Hawaiians under Federal law.

“We heard from the Native Hawaiian community about the importance of this rule to preserving its culture and traditions,” said Kristen Sarri, Principal Deputy Assistant Secretary for Policy, Management, and Budget. “This historic rule provides an opportunity for a Native Hawaiian government to exercise its inherent powers of self-government, self-determination, and economic self-sufficiency. It recognizes the special political and trust relationship between the United States and the Native Hawaiian community and will help to more effectively implement the laws that Congress passed.”

The decision to reorganize a Native Hawaiian government is one for the Native Hawaiian community — not the Federal government — to make as an exercise of self-determination. If a formal government-to-government relationship is reestablished, it could provide the community with greater flexibility to preserve its distinct culture and traditions. It could also enhance their ability to affect its special status under Federal law by exercising powers of self-government over many issues directly impacting community members.

The final rule, along with Frequently Asked Questions and other supporting documents, is available for review at http://www.doi.gov/hawaiian.- - -